VOLUME S SUMMER QUARTER 1974

NEW BOARD MEMBERS Mr. Joe 0. Brewer of Wilkesboro and Mr. Rufus L. Brock of Mocksville

became members of the North Carolina Real Estate Licensing Board on August 14 1974, by appointment of Governor James E. Holshouser, Jr. They were' appointed to terms expiring July 311.1977. The new members replace Mr. A. P. Carlton of Green~boro and Mr. Henry C. Doby, Jr., of Albemarle whose terms expired.

JOE 0. BREWER

Joe 0. Brewer is the son of G. Jus­tus and Ado Brewer of Moravian Falls

1 North Carol ina. He graduated

from the University of North Caro­lina at Chapel Hill with a B.S. de­gree in 1960 and a LL.B degree in 1962. He studied music at Catawba College and the Detroit Conservatory. He served in the U.S. Army as a 2nd Lt., Anti-Aircraft Artillery.

Joe is a partner in the law firm of Brewer & Bryon, 1 OS East Main Street, Wilkesboro. He served in the N. C. House of Representatives in 1965-66. His memberships include N. C. Academy of Trial Lawyers, Wilkes County Bar Association/ N. C. and American Bar Associations/ N. C. State Bar

1 1973-74 president

of the 23rd Judicial District Bar, and past president of the Wilkesboro Business & Professional Men's Club.

Joe is married to the former Lillie Bryan and they have two children/ Gregory, age 16 and Tonya1 age 7. Thev attend the Wilkesboro Church of Christ.

RUFUS LEO BROCK

Rufus Leo Brock was born August 9, 19371 in Davie County to Mrs. Lauro Tabor Brock and the late State Senator Burr Coley Brock1 Sr. He at­tended Farmington High School and the University of North Carolina at Chapel Hill and served in the U. S. Army.

Rufus is a partner in the Mocks­ville Insurance Agency and is a real estate broker. He is a member of Farmington Masonic Lodge No. 265, the Mocksville Lions Club and past president of the Farmington Ruritan Club. He is a member of the Appa­lachian Commission, Friends of State Parks, and is a second vice-president of the Northwest Environmental Pres­ervation Committee/ Inc . He serves on the Davie County Planning Board and the Davie County Republican Executive Committee.

Rufus is married to the former Margaret Jo Harpe. They hove a daughter, Laura, who is 9 1 and two sons

1 Neil, 5, and Andrew/ 4 months.

They attend Farmington United Methodist Church.

NEW RECIPROCAL AGREEMENT

HUMBER 2

The Licensing Boord is pleased to announce that, at a recent meeting with the members of the Virginia Real Estate Commission, a new agree­ment for the exchange of reciprocity between the two states was executed and is now in effect.

In accordance with the agreement, licensees in one state may be licensed by the other state without ex­amination, provided they meet the following educational or experience qualifications:

Broker Applicants: 1. Must be licensed as a broker

and have been actively en­gaged full time as a broker and/ or salesman for at least one year immediately pre­ceding the filing of the appli­cation, and

2. Must have passed the Prince­ton Educational Testing Serv­ice broker examination with a score of at least 75% on each section of the examina­tion, or

3. Must be I icensed as a broker and hove been actively en­gaged full time as a broker and/or salesman for at least three years immediately pre­ced ing the filing of the ap­pl ication.

Salesman Applicants: 1. Must be licensed and actively

engaged as a real estate sales­man, ond

2. Must have passed the Prince­ton Educational Testing Serv­i c e salesman examination with a score of at least 75% on each section of the exam­ination, or

3. Must be licensed and actively engaged full time as a soles­man for a period of at least one year immediately pre­ceding the filing of the appli­cation.

REAL ESTATE BULLETIN Published quarterly as a service to real estate licensees to promote o better understanding of the Real Estate Licensing Low, Rules ond Regulations, ond proficiency in ethical real estate practice.

NORTH CAROLINA REAL ESTATE LICENSING BOARD

813 BB&T Bldg. Raleigh, North Carolina 27602

James E. Holshouser, Jr., Governor

BOARD MEMBERS

Billy E. Hinton, Chm . .......... Clayton C. Bayless Ridenhour,

V. Chm .............. ..... ...... Concord Joe 0. Brewer ........... ..... Wilkesboro Rufus L. Brock ................ Mocksville Edwin W. Tenney, Jr . .... Chapel Hill

J. F. Schweidler ............ Sec'y.-Treas. Blanton Little .............. Admin. Asst.

LICENSE STATISTICS Licensees as of July 1, 197 4

Brokers Salesmen

Examination - April 1974 Passed

Brokers 304 Salesmen 69

Examination -May 1974 Passed

Brokers 218 Salesmen 77

Examination - June 1974 Passed

Brokers 216 Salesmen 93

16,491 3,125

19,616

Failed 367

90

Failed 514

75

Failed 333

80

LICENSES SUSPENDED/REVOKED

MABEL B. WHITE, Statesville- re­voked broker's license- Violation of G.S. 93A-6(12), (13).

BASIL B. HURST, Jacksonville -suspended broker's license for 60 days - Violation of G.S. 93A-6 (1), (8), (13), (14). (Appealed to Superior Court).

WILDA HURST, Jacksonville- sus­pended salesman's license for 60 days- Violation of G.S. 93A-6(1), (8), (14). (Appealed to Superior Court).

KENNETH FOSCUE, Atlantic Beach -revoked broker's license- Vio­lation of G.S. 93A-6(7), (8), (12) . (Appealed to Superior Court}.

PHILIP H. QUIDLEY, Manteo -revoked broker's license - Viola­tion of G.S. 93A-6(8).

WANTED

The North Carolina Real Estate Licensing Board is interested in interviewing qualified applicants for the position of EDUCATIONAL CO-ORDINATOR to administer a new educational program to be de­veloped by the Boord.

The position requires a college AB or BS degree and will involve travel.

Send resume with salary requirements to: N. C. Real Estate Licensing Board P. 0. Box 266 Raleigh, North Carolina 27602

BOARD OFFICERS

At the June meeting of the Li­censing Board, Billy E. Hinton was elected Chairman and C. Bayless Ridenhour Vice Chairman to serve for one year effective August 1, 1974.

BOARD MEMBERS HONORED

At the annual joint meeting of the North East and North Central Dis­tricts of the Notional Association of Real Estate License Law Officials (NARELLO) recently held in Toronto, Canada, North Carolina Real Estate Licensing Board members Edwin W. Tenney, Jr., and C. Bayless Riden­hour were nominated for the offices of Vice President and Director for the North Central District respective­ly. They will be on the slate of candi­dates far election at the 46th Annual NARELLO Conference in Scottsdale

I

Arizona, in November. The North Central District is

composed of real estate commission­ers and administrators from Dela­ware, Maryland, North Carol ina, Ohio, Pennsylvania, Virginia, West Virginia, and the District of Colum­bia.

INJUNCTION ISSUED

In an action initiated by the North Carolina Real Estate Licensing Board, a Preliminary Injunction was issued in the Superior Court of Mecklenburg County on August 2, 197 4, whereby Richard M. Newsom of Charlotte was ordered to immediately cease and desist all activities as a real estate salesman or broker in the State of North Carolina until licensed by the Licensing Board.

SALESMAN APPLICANTS

In accordance with on amend­ment to Section 93A-4(a) of the Licensing Low which became effec­tive September 1, 1974, applicants for salesman license are required to complete o 30 classroom hour real estate course in a school ap­proved by the Boord or shall fur­nish evidence satisfactory to the Boord of experience in real estate transactions equivalent to such real estate education. The Board will accept certificates of comple­tion of current 30 hour courses in approved schools. A list of these courses will be furnished appli­cants on request.

FILING DATE

EXAMINATION SCHEDULE

EXAM DATE

September 20, 197 4 October 18

October 26, 197 4 November 23

NO EXAM IN DECEMBER

December 20, 1974 January 17 February 14 March 21 April 18 May 23

January 25, 1975 February 22 March 22 April 26 May 24 June 28

Chapter 47A. Unit Many brokers and salesmen have contacted the

Licensing Boord office for information concerning the North Carolina Condominium Law which was enacted in 1963. In order that licensees may be familiar with this law, the statute will be reproduced in this and following issues of the Bulletin.

§ 47 A-1. Short title. - This chapter sho II be known as the "Unit Ownership Act."

§ 47 A-2. Declaration creating unit ownership; recordation. - Unit ownership may be created by on owner or the co-owners of a building by on express declaration of their intention to submit such property to the provisions of the chapter, which declaration shall be recorded in the office of the register of deeds of the county in which the property is situated.

§ 47 A-3. Definitions. - Unless it is plainly evi­dent from the context that a different meaning is in­tended, as used herein:

(1) "Association of unit owners" means all of the unit owners acting as a group in accordance with the bylaws and declaration.

(I a) "Building" means a building, or a group of buildings, each building containing one or more units, and comprising a part of the prop­erty: provided that the property shall contain not less than two units.

(2) "Common areas and facilities," unless other­wise provided in the declaration or lawful amendments thereto, means and includes: a. The land on which the building stands

and such other land and improvements thereon as may be specifically included in the declaration, except any portion thereof included in a unit;

b. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corri­dors, lobbies, stairs, stairways, fire es­capes, and entrances and exits of the building;

c . The basements, yards, gardens, parking areas and storage spaces;

d. The premises for the lodging of janitors or persons in charge of property;

e. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;

f. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all apparatus and installations existing for common use;

g.

h.

Such community and commercial facilities as may be provided for in the declaration; and All other parts of the property necessary or convenient to its existence, mainte-nance and safety, or normally in common use.

(3) "Common expenses" means and includes: a. All sums lawfully assessed against the

unit owners by the association of unit owners;

Ownership Act b. Expenses of administration, maintenance,

repair or replacement of the common areas and foci I it ies;

c. Expenses agreed upon as common ex­penses by the association of unit owners;

d. Expenses declared common expenses by the provisions of this chapter, or by the declaration or the bylaws;

e. Hazard insurance premiums, if required. (4) "Common profits" means the balance of all

income, rents, profits, and revenues from the common areas and fac ilities remaining after the deductions of the common expenses.

(5) "Condominium" means the ownership of sin­gle units in a multi-unit struc:ture with com­mon areas and facilities.

(6) "Declaration" means the instrument, duly recorded, by which the property is submitted to the provisions of this chapter, as herein­a fter provided, and such dec la ration as from time to t ime may be lawfully amended.

{7) "Limited common areas and facilities" means and includes those common areas and facili­ties which are agreed upon by all the unit owners to be reserved for the use of a certain number of units to the exclusion of the other units, such as special corridors, stairways and elevators, sanitary services common to the units of a particular floor, and the like.

(8) "Majority" or "majority of unit owners" means the owners of more than fifty per cent (50%) of the aggregate interest in the com­mon areas and facilities as established by the declaration assembled at a duly called meet­ing of the unit owners.

(9) " Person" means individual, corporation, part­nership, ossoc iotion, trustee, or other legal entity.

{I 0) "Property" means and includes the land, the building, all improvements and structures thereon and all easements, rights and ap­purtenances belonging thereto, and all articles of personal property intended for use in con­nection t herewith, which have been or are intended to be submitted to the provisions of this chapte r.

(11) " Recordation" means to file of record in the office of the county register of deeds in the county where the land is situated, in the man­ner provided by law for recordation of instru­ments affecting real estate.

{l2) "Unit" or " condominium unit" means an en­closed space consist ing of one or more rooms occupying all or a part of a floor or floors in a building of one or more floors or stories re­gardless of whether it be designed for resi­dence, for office, for the operation of any industry or business, or for any other type of independent use and shall include such ac­cessory spaces and areas as may be described in the declaration, such as garage space, storage space, balcony, terrace or patio, pro-

(Continued On Page 4)

{Continued From Page 3)

vided it has a direct exit to a thoroughfare or to a given common space leading to a thor­oughfare.

(13) "Unit designation" means the number, letter, or combination thereof designating the unit in the declaration.

( 14) "Unit owner" means a person, corporation, partnership, association, trust or other legal entity, or any combination thereof, who owns a unit within the building.

§ 47 A-4. Property subject to chapter. - This chapter shall be applicable only to property, the full owner or all of the owners of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided.

§ 47 A-5. Nature and incidents of unit ownership. - Unit ownership as created and defined in this chap­ter shall vest in the holder exclusive ownership and pos­session with all the incidents of real property. A condominium unit in the building may be individually conveyed, leased and encumbered and may be inherited or devised by will, as if it were solely and entirely inde­pendent of the other condominium units in the building of which it forms a part. Such a unit may be held and owned by more than one person either as tenants in com­mon or tenants by the entirety or in any other manner recognized under the lows of this State.

§ 47 A-6. Undivided interests in common areas and facilities; ratio fixed in declaration; conveyance with unit. - (a) Each unit owner shall be entitled to an un­divided interest in the common areas and facilities in the ratio expressed in the declaration. Such ratio shall be in the approximate relation that the fair market value of the unit at the dote of the declaration bears to the then aggregate fair market value of all the units having an interest in said common areas and facilities.

(b) The ratio of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered except with the

unanimous consent of all unit owners expressed in on amended declaration duly recorded.

(c) The undivided interest in the common areas and foci I ities shall not be separated from the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

§ 47 A-7. Common areas and facilities not sub­ject to partition or division. -The common areas and facilities shoJI remain undivided and no unit owner or any other person shall bring any action for partition or division of any port thereof, unless the property has been removed from the provisions of this chapter as provided in §§ 47 A-16 and 47 A-25. Any covenant to the con­trary shall be null and void. This restraint against par­tition shall not apply to the individual condominium unit.

§ 47 A-8. Use of common areas and facilities. -Each unit owner may use the common areas and facili­ties in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other unit owners.

§ 47 A-9. Maintenance, repair and improvements to common areas and facilities; access to units for re­pairs. - The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bylaws. The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, or other managing body as provided in the bylaws, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible there­from, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit o; units.

(To Be Continued in Next Issue)

NORTH CAROLINA BULK RATE

NCAR CONVENTION REAL ESTATE LICENSING BOARD

The 53rd Annual Convention of the North Carolina Association of

Realtors will be held on October 2-5, 197 4, at the Grove Park Inn, Ashe­

ville, North Carolina. An outstanding educational program has been planned. Realtors are urged to at­

tend. Contact J. L. Bichsel, NCAR, P. 0. Box 6306, Greensboro, N. C., 27405, for registration.

... o. •ox a•• RALEIGH. N. C. :Z780Z

U. S. Postage Paid Pennit No. 99

RALEIGH, N. C.

HIGGINS SR, JERRY L

8 07 FINELAND DR CARY NC 27511